Do you need a probate attorney, or a buyer who brings one?

First, what a probate attorney does

A Florida probate attorney figures out which kind of probate the estate needs, prepares and files the petition, gets the heirs' documents signed, deals with creditors, asks for an order determining homestead when needed, and gets the final court order. In formal administration, they guide the personal representative through every duty the role carries.

Good probate attorneys do a lot more than paperwork. They spot problems early, keep families out of avoidable fights, and protect the person in charge from personal liability. They're worth what they charge, and nothing on this page is meant to suggest otherwise.

When you should hire your own attorney

Hire your own probate attorney, and don't look for shortcuts, if any of these fit:

• You want to keep the house, or one heir wants to buy out the others.
• You want to list it with an agent and hold out for full retail price.
• Someone is contesting the will, or you suspect the will isn't valid.
• The estate is complicated: a business, several properties, investment accounts, or assets in other states.
• There are significant creditor claims, or the estate may not have enough to pay its debts.
• Family conflict is serious and you need someone whose job is to advocate for you.
• There are tax questions beyond a simple house sale.

In those situations, a dedicated attorney working for you is the right call.

When an all-in-one buyer can make more sense

The other route fits a narrower situation: the family has already decided to sell the house, wants it done quickly, and doesn't want to pay probate costs up front. Here's what that looks like with us.

• We make a cash offer after one walkthrough.
• If the heirs accept, an independent licensed Florida probate attorney prepares the filings and represents the estate.
• We pay the probate cost, typically about $3,000 for the attorney and court costs. It isn't deducted from the heirs' share.
• For estates that qualify for summary administration, probate can often be completed in 24 to 48 hours once the heirs sign, and closing usually follows about a week later at a licensed Florida title company.
• Taxes, liens, and any mortgage are paid from the sale at closing.

The trade is that our cash offer is below full retail. You're exchanging some price for speed, certainty, no upfront legal bill, and an as-is sale. If listing would clearly net your family more and you have the time, we'll tell you.

Comparing the two routes

You can do both

Choosing to sell to us doesn't mean you give up your own legal advice. You're always free to hire your own attorney to review our contract, explain your rights as an heir, or look over the probate documents before you sign. Some families do exactly that, and we're glad when they do. It means they understand what they're signing.

We're not attorneys and don't give legal advice. If you have a legal question, ask a lawyer, whether that's the estate's attorney or your own.

Red flags, whoever you talk to

Because we're a buyer, we think it's fair to tell you what to watch for with buyers, including us. Be careful if anyone:

• Asks you to sign a quitclaim deed or power of attorney before you understand exactly what it does.
• Asks you for money up front to "start the probate" when they're the one buying.
• Won't name the attorney or the title company handling the file.
• Pressures you to decide on the spot, or discourages you from talking to your family or your own lawyer.
• Promises a price or a closing date before anyone has looked at the estate.

A legitimate buyer should be comfortable with you slowing down, asking questions, and checking their work. Ours is a real local company: 131 Cash Home Buyers, founded in St. Petersburg in September 2018.

Questions to ask any probate attorney

1. Does this estate qualify for summary administration under the $150,000 limit that took effect July 1, 2026?
2. Is the house protected homestead, and will you request an order determining homestead?
3. What is your fee, and will you put it in writing?
4. What costs beyond your fee should we expect, such as filing fees, publication, and certified copies?
5. How long do you expect this to take, and what could slow it down?
6. Who in your office will we hear from, and how quickly do you usually respond?

A good attorney will answer all of these clearly. For more on what probate costs, see our guide on probate costs and who pays.

We’re a home-buying company, not attorneys. This page is general information about Florida probate, not legal advice; an independent licensed Florida probate attorney represents the estate in every probate we pay for. Last updated November 2026.